The Supreme Court will hear on October 3, a petition filed by Communist Party of India (Marxist) leaders Brinda Karat and K.M. Tiwari, seeking registration of first information reports (FIR) against Bharatiya Janata Party leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020 during poll campaigning.

Expressing its displeasure over the third adjournment since it agreed to hear the matter, the Bench of Justice Abhay S. Oka and Justice Pankaj Mithal clearly told the Delhi Police on Monday that it would not grant any more adjournments.

In April, the top court of the country had issued notice and sought Delhi Police’s response to the special leave petition. It also gave additional time to the Delhi Police Commissioner to file a counter affidavit in response to the special leave petition. The Delhi Police last month sought adjournment by way of a letter, which was granted.

Today’s hearing was also adjourned at the request of the Delhi Police, despite the petitioners opposing the same.

The CPI (M) leaders had moved the Apex Court against the Delhi High Court verdict, which refused to set aside the trial court judgement rejecting their plea for registration of FIRs against the two leaders from the ruling BJP.

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The Supreme Court on Friday directed the Delhi High Court to proceed expeditiously on a plea which sought registration of the FIRs and investigation against BJP leaders Union Minister Anurag Thakur, Kapil Mishra, Abhay Verma and Parvesh Verma who allegedly made hate speeches to incite the Delhi riots of 2020. The HC has been asked to determine the matter preferably within three months.

The bench of Justices L. Nageswara Rao and Justice B.R. Gavai was hearing a petition by three victims of the Delhi riots which said the violence broke out due to the hateful comments made by the BJP leaders. The petitioners’ complaint is that the Delhi High Court was not hearing their case.

Senior Advocate Colin Gonsalves, appearing on behalf of the petitioners, submitted that the petitioners are now losing their hope as the High Court kept delaying the proceedings, despite an earlier issuance of directions by the Supreme Court in March 2020 to decide the matters expeditiously.

Gonsalves submitted further that the High Court said that their matter will be taken up after it has dealt with the alleged police atrocities during the anti-CAA protests in December 2019 in Jamia Millia Islamia campus. However, the said Jamia matter is also not progressing, hence the case of the petitioners is stuck.

The petitioners herein sought constitution of an independent Special Investigation Team comprised of officers belonging to some other place and not from Delhi to investigate the Delhi riots cases, provision of compensation for the victims and preservation of CCTV footages and evidence of violence.

Gonsalves on behalf of the petitioners submitted that 1 year and 10 months ago, they were directed to go to High Court for expeditious determination of their matter, later the High court said it will hear the matter after the Jamia matter. And even after 2 years, the Jamia matter has just started, even after the Apex Court’s order to expedite the matters. We are losing our hope now, Gonsalves said.

To which, Justice Nageswara Rao said that the Apex Court can only request the High Court to hear their matter as early as possible and dispose them. That is the only relief we can grant, he said.

Gonsalves pleaded and tried to convince the bench that their matter is just a half-an-hour matter. The counsel requested to allow him half an hour in the Supreme Court.

“We cannot do anything once the matter is sent back to HC. We appreciate your concern,” Justice Rao said that they cannot do anything once the matter is sent back to the High Court and that the bench appreciates his concern over the matter.

Gonsalves asked the bench to transfer the case to some other bench and said they do not have any faith, heads were cracked and students were beaten up brutally.

In the present petition, it is submitted that on September 17, 2020, the matter was listed for final arguments. However, the matter was adjourned on several dates later on. Though a bench led by Chief Justice D.N. Patel had said that it will be take up the Delhi Riots case after hearing the Jamia case. The matter was not listed after August 23, 2021.

Communist Party of India (Marxist) leader Brinda Karat and K.M. Tiwari have challenged a trial court’s decision to not direct the filing of FIRs against BJP leaders Anurag Thakur and Parvesh Verma for hate speech. The case has come to the Delhi High Court and Justice Yogesh Khanna has directed all the parties to file relevant judgments.

The petitioner submitted that the issue of the sanction comes after taking cognizance and not at the registration of FIR stage, according to Section 196 of the Code of Criminal Procedure.

Earlier, the petitioners had filed a complaint before the Additional Chief Metropolitan Magistrate and wanted an FIR registered under sections 153A, 153B, 295A, 298, 504, and 506 of the Indian Penal Code. However, the ACMM had dismissed the application on the said grounds of a lack of the previous sanction from the authority.

The bench has adjourned the matter for hearing on November 2.

A Delhi court on Wednesday reserved its order till March 2 on a complaint seeking registration of an FIR against BJP leaders Anurag Thakur and Parvesh Verma for their alleged inflammatory rant after Delhi Police said “no cognizable offence is made out” against them.

The order was reserved by Additional Chief Metropolitan Magistrate Vishal Pahuja, who had earlier this month asked the police to file an action taken report (ATR) on the complaint filed by CPI(M) leader Brinda Karat and the party’s Delhi unit secretary K M Tewari.

The complaint has said Union Minister Thakur and Delhi BJP leader Verma be booked for allegedly making inflammatory speeches aimed at outraging religious feelings intended to provoke breach of trust and criminal intimidation during the Delhi Assembly election campaign.

In response to the court’s direction, the police today filed its report, saying that “on the basis of allegations levelled in the complaint, no cognizable offence has been found to be committed.”

It said the subsequent violence in Delhi have “no connection to the speeches mentioned in the complaint”.

Brinda and Tewari have approached the court after their written complaints to the Delhi Police commissioner and station house officer, Parliament Street police station, were not acted upon.

Karat, under section 156(3) of the Criminal Procedure Code, has sought a direction that the investigation into the FIR be monitored by issuing necessary orders to the SHO to investigate the matter fairly, properly and impartially after registration of the FIR, including the arrest of the accused.

The police, in their status report earlier, submitted that a special investigation team of Crime Branch is looking into the complaint.

A Delhi Court on Tuesday directed police to file an Action Taken Report (ATR) on a complaint filed by CPI(M) leader Brinda Karat against BJP leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches while campaigning for Delhi Assembly elections.

Karat, under section 156(3) of the Criminal Procedure Code moved the court seeking a direction that the investigation into the FIR be monitored by issuing necessary directions to the SHO to investigate the matter fairly, properly and impartially after registration of the FIR, including the arrest of the accused.

Additional Chief Metropolitan Magistrate Vishal Pahuja heard the matter pertaining to hate speech.

Delhi Police in its status report submitted that the Special Investigation Team of Crime Branch is looking at the complaint which is being monitored by Special Commissioner of Police.

The Crime Branch informed the court that they received the complaint in the department only on February 4, and then became occupied with the busy schedule and election duty.

He further requested for 8 weeks time to complete the investigation.  However, the court rejected the demand for 8 weeks by citing the current matter as ‘sensitive’.

The counsel appearing for Karat, Tara Narula informed the court that speedy investigation be taken in the matter due to the ongoing effect of the hate speech by MPs.

The court ordered the Crime Branch to file a detailed report within 15 days stating whether the FIR should be lodged against the aforesaid BJP leaders or not.

The matter is now listed for 26th February 2020

On January 29, the Election Commission had issued a show-cause notice to Union minister Anurag Thakur for his allegedly communal rant. The Commission had observed that prima facie, the remarks had the “potential of disturbing communal harmony.

The Election Commision on Wednesday ordered the removal of Union Minister Anurag Thakur and Member of Parliament Parvesh Verma from BJP’s list of star campaigners for Delhi polls over their controversial and communally sensitive remarks.

However, this order doesn’t mean Thakur and Verma can’t campaign in the assembly elections. If Anurag Thakur and Parvesh Verma still participate in any campaign, the expenditure incurred shall be borne by the candidate they are campaigning for.

The Minister of State for Finance Anurag Thakur encouraged his audience to raise the slogan, ‘desh ke gaddaron ko…’ in a video widely circulated on social media. Thakur was addressing the election meeting in support of BJP candidate from Rithala, Manish Chaudhary.

The slogan is being used by a lot of BJP leaders in pro-CAA rallies across the country. BJP leader Kapil Mishra raised the slogan in a pro-CAA rally in Delhi. The slogan was also heard at the JNU campus when students and faculty members were attacked by a masked mob earlier this month.

The office of the Chief Electoral Officer (CEO) of Delhi on Tuesday had sought a report from the North West district’s election officer over Union Minister Anurag Thakur controversial slogan at an election meeting in Delhi’s North West District.

Whereas, Parvesh Sahib Singh Verma, an MP from West Delhi, told in an interview to news agency ANI , that “they (Shaheen Bagh protesters) will enter your houses, rape your sisters and daughters”.

“Lakhs of people gather there (Shaheen Bagh). People of Delhi will have to think and take a decision. They’ll enter your houses, rape your sisters and daughters, and kill them. There’s time today, Modi ji and Amit Shah won’t come to save you tomorrow…”, the BJP MP had said.